Service of Process on Military Personnel

When serving legal papers to members of the military residing and or working on a military base there are very strict guidelines that must be followed.

Service of Process on Military Personnel and Members of the Armed Forces

The military has jurisdiction over all matters that occur on a military base

When serving legal papers to a member of the armed forces stationed and residing on a base or military installation there are strict guidelines outlined by military legal counsel that must be followed in order to effect service. Service of process on military personnel requires the civilian process server upon arrival be directed to on base military legal counsel or Military Police to review the Summons and Complaint, Subpoena, Notice of Hearing or other civil process for Federal or State validity and to verify the papers to be served are within the courts determined time frame.

The military has jurisdiction over all matters that occur on a military base clarifying what constitutes a legal document for service of process purposes, and determines the procedure in which service will be effected. Military police or legal counsel will review the credentials granting power to serve such process before allowing the process server to enter the base. The process server will never be allowed on a military base without an escort. The servers escort, more than likely MP (Military Police) will either bring you to the defendants residence, work location or to a designated location for the party to accept service.

This type of service of process may be time consuming and could take hours or days to complete depending on the bases activities, security, state of emergency or any other current exercises the base may be conducting at the time the process server is attempting service. See Service of Process on Military Personnel Manual

Our military men and women are brave and to be commended for their service to country, however they’re not exempt from due process of law.  Unfortunately, on occasion a process server may find themselves being requested to serve a member of the armed forces. Here is another example of requirements regarding service of legal process on Hill Air Force Base in Utah. Needless to say compliance with all matters regarding service of process on military personnel is mandatory. If a process server finds themselves in this situation, be patient, respectful and professional.